Question Details: I have lived with him in this apartment for 6 years but only his name is on the lease. I do pay rent, However he has not been giving me receipts which I plan to change in the upcoming months.
Your boyfriend cannot just throw you out of your apartment. To evict someone from their established home, the person who is entitled to possession of the premises must sue in court. Since you were not on the lease, then you may be considered to be a "licensee" typically that is someone who was invited to enter and remain on the premises for a period of longer than 30 days or more. Now that your "license" or invitation has been revoked you will need to be given formal notice to vacate.
If in fact you are merely a "licensee", your roommate can serve you the notice. This could be accomplished for example, if the landlord has treated you as a tenant by accepting rent from you directly, by putting or allowing your name to be put on the mailbox, or if you and your roommate rented the place together and it was clear that both of you were on equal footing as to occupancy rights.
Regardless of who evicts you, it is important that they comply with all legal requirements; this includes proper notice to vacate the premises. Someone who is put out of their home in an unlawful manner is entitled to recover damages against the wrongdoer. Furthermore, using illegal methods to force someone to move is a criminal violation.
Therefore "self-help" measures 9such as removing your personal belongings or changing the locks cannot be used. By continuing to use FreeAdvice. Helping 20 Million Americans a Year for 20 Years. Find Attorney. Create Legal Documents. Rate This Answer: 1 Rating. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person.
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Results 1 to 2 of 2. Thread Tools Email this Page…. Join Date Dec Posts 1. My boyfriend has been living with me for roughly a year.
His stay initially started as an invitation as a guest until he could find a place of his own. But after months of working long hours at crazy times we both lost sight of his main reason for staying at my home.
No bills are in his name. For the most part he pays no bills. Ill ask him to spot me if he makes anything go over the price it was before he moved in e. He does contribute occasionally to food and everyday supplies such as toilet paper, solo cups and cleaning products.
In the past few months, I have noticed that he has been receiving mail at my address. Those items are just products ordered off of ebay and such. The only thing is that his motorcycle registration was sent to my address and I have a motorcycle insurance policy with him but that is in a different address that is not related to me.
After nearly a year there looks to be no near future of marriage, if at all. I do love him and he knows my wants of marriage. I don't feel right giving up my personal space and privacy in my own home to someone who doesn't want to be with me for the long haul. We have no kids or anything that binds us together beside the motorcycle insurance policy. He's looking into buying another car right now and the one he has is perfectly fine.
If things don't change, then I am ready to move on and just break up with him. If I were to break up with him, can I legally kick him out? At the beginning, we did have a written agreement about the conditions of his stay that were signed by both parties but I cant find it.Whatever the reason you didn't put your boyfriend's name on the lease, it makes things a bit tricky if you break up and decide you want him to move out.
You may have to work with your landlord to get your boyfriend evicted. In some states, you can file a complaint to evict a guest or family member from your home, even though you're not technically the landlord.
This involves notice and a court proceeding, and can take several months. If you are afraid for your safety, consider getting a temporary restraining order. Since you are not the landlord, you may not be able to file an eviction complaint without getting your landlord involved. Apply for a temporary restraining order if you fear for your safety. Even though your boyfriend didn't sign the lease, a judge might decide that a landlord-tenant relationship existed between you and your boyfriend if he was paying you money towards rent.
It doesn't have to be just money, though. He could also "earn his keep" by doing chores or repair jobs around the home. Even if he's not considered a tenant, many states have laws that allow you to evict a guest or family member who you welcomed into your home.
They usually offer a free initial consultation, so you can at least learn what your options are without necessarily having to hire an attorney. If you decide to file the complaint on your own, go to the clerk's office of the court in your county.
They may have forms available that you can fill out to start your lawsuit. You'll have to pay a filing fee when you file your papers with the court clerk.
The clerk will then set your first court hearing date, typically two or three weeks out from the date you filed. Once you've filed the papers, you'll also have to hire a private process server or sheriff's deputy to serve your boyfriend with the court papers. These papers include a summons requiring your boyfriend to appear in court on the date of the hearing.
At the hearing, the judge will hear from both you and your boyfriend and make a decision. If the judge enters a judgment for possession, you have the right to take immediate possession of your home. Even if your state allows eviction proceedings for a guest, this isn't the most efficient option if you want your boyfriend to move out.
It may take between two and three months for the entire proceeding to conclude. Not all states allow you to file an eviction complaint in your situation. If your boyfriend had entered into a sub-lease with you, you could sue for eviction as his landlord. But since that didn't happen, you may need to get your landlord to file the eviction complaint.
Can You Lock Your Spouse Out of the House
Read your lease carefully before you talk to your landlord, and make sure you're not in violation of it yourself. Many leases have a clause that states all adults living in the rental unit must be named in the lease. Since your boyfriend was not on the lease, your landlord may turn around and say that you are in violation of the lease and need to vacate the premises.
In some states, such as Arizona, landlords may call the police and have anyone who isn't on the lease removed from the property immediately. If your state has this type of law, this will be the quickest route to get your boyfriend out of your home. Even without such a law, your landlord can start proceedings to evict your boyfriend. Just be aware that if your landlord goes to the trouble to evict your boyfriend, she may find a way to evict you as well.
This process could take several months, but may be more of a disruption than you're looking for. If you feel as though you are in immediate danger, call the police immediately. You can ask for a restraining order at any time. Take care of your own safety first.At least divorce has clear-cut rules, but legally removing your ex depends on a variety of factors and some of them fall into gray areas. One thing is certain: if you take action such as locking him out without first consulting with an attorney, you could find yourself in a lot of hot water.
You must have a legal right to possess the residence before you can take action to make your ex leave. You both have a legal right to the dwelling. You can call the police, but the officers may be reluctant to charge him. Your odds of successfully pressing trespassing charges might increase if you give him written notice to vacate, including a reasonable date by which he should move out.
Initiating eviction proceedings can be even more complicated than charging your ex with trespassing. The court will schedule a hearing and you and your ex will both have an opportunity to plead your case to the judge. If your ex poses a threat to you, you can ask the police or your local court for a restraining order. In most states, if you have a compelling case, a judge will issue a temporary restraining order directing your ex to leave your residence and stay away from you.
This can often be accomplished without your ex even appearing in court. But the order is temporary.Shane Dawson Controls My Life For A Day
Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. She specializes in family law and estate law and has mediated family custody issues. By: Beverly Bird. Terms of the Lease You must have a legal right to possess the residence before you can take action to make your ex leave. Eviction Proceedings Initiating eviction proceedings can be even more complicated than charging your ex with trespassing.
A Restraining Order If your ex poses a threat to you, you can ask the police or your local court for a restraining order. About the Author. Photo Credits.The early days of a divorce or separation are the worst. Many of the women I met with, at least initially, are panicked. They half want to reconcile, and half hate his guts. I know, I know. You want them to be outraged on your behalf, to want to do something about it, to tell you that you deserve better.
And there is very little doubt that you DO deserve better. Whatever you decide, you should go into this knowing that the first days are the worst. It does get better. They do. Either way, the more you know, both about what might happen and about what you can do about it, the better. My goal here is just to educate you.
Talk to you a little bit about the process, the things that can happen, and what you can do about them if they happen to you. The more you know, the better you can react, and the more quickly you can bounce back on your feet. Take a deep breath. When a couple first separates, a couple things typically happen. Sometimes, they make a decision to live separate and apart in the same house—at least for now. They decide, for the benefit of all involved, to just stay under one roof. Is this allowed?
Generally, yes. The law does NOT say that you have to occupy physically separate spaces. Some judges insist on it, but, these days, I suspect that those judges are few and far between. If you do leave, make sure you take the kids with you when you go. Sometimes, things go down a little differently. Can they do that? Technically, yes. If you leave the marital home, it could be considered desertion.
Usually, to avoid providing the other side with ammunition, we ask that our clients try to get an agreement signed, saying that one spouse leaving is the result of mutual agreement and, as a result, does not constitute desertion. Desertion is probably the weakest of the fault based grounds.
Though he may allege it in his complaint the document that formally opens up the case with the courtproving it is another matter. And, beyond that, proving to the judge even IF he can prove that it was desertion that your desertion warrants a disproportionate award of the assets is even more difficult. Absolutely not. You should know, before you make any decisions, that ownership is different than possession.
The same principle applies to everything in the house. Your furniture and other personal belongings at least, the ones that were marital property anyway are still marital property. After all, it belongs to you. It belongs to either of you, equally. And since it belongs to you, you can do whatever you want with it—at least until the separation agreement kicks in, or a judge makes an order detailing how things will be divided. That all depends.Remember Me?
Can my boyfriend, the owner of the house, kick me out without an eviction notice?
Results 1 to 5 of 5. Thread Tools Email this Page…. Join Date Nov Posts 2. I get all my mail here. I pay him money month to month and we split food and other supplies. I have no where to go right now and obviously will look for a new place but need to know about the mean time. An intelligent hell would be better than a stupid paradise - Victor Hugo.
He must give you 30 days notice to vacate, after which time he must initiate formal eviction proceedings. I'm not a lawyer, but I play a researcher on the internet! Caution: I bite. I'm likely to post them publicly and embarrass you half to death.
Grounds where no landlord-tenant relationship exists. A special proceeding may be maintained under this article after a ten-day notice to quit has been served upon the respondent in the manner prescribed in sectionupon the following grounds: 1. The property has been sold by virtue of an execution against him or a person under whom he claims and a title under the sale has been perfected.
He occupies or holds the property under an agreement with the owner to occupy and cultivate it upon shares or for a share of the crops and the time fixed in the agreement for his occupancy has expired.
He or the person to whom he has succeeded has intruded into or squatted upon the property without the permission of the person entitled to possession and the occupancy has continued without permission or permission has been revoked and notice of the revocation given to the person to be removed. The property has been sold for unpaid taxes and a tax deed has been executed and delivered to the purchaser and he or any subsequent grantee, distributee or devisee claiming title through such purchaser has complied with all provisions of law precedent to the right to possession and the time of redemption by the former owner or occupant has expired.
Subject to the rights and obligations set forth in section thirteen hundred five of this chapter, the property has been sold in foreclosure and either the deed delivered pursuant to such sale, or a copy of such deed, certified as provided in the civil practice law and rules, has been exhibited to him. He is the tenant of a life tenant of the property, holding over and continuing in possession of the property after the termination of the estate of such life tenant without the permission of the person entitled to possession of the property upon termination of the life estate.
He is a licensee of the person entitled to possession of the property at the time of the license, and a his license has expired, or b his license has been revoked by the licensor, or c the licensor is no longer entitled to possession of the property; provided, however, that a mortgagee or vendee in possession shall not be deemed to be a licensee within the meaning of this subdivision. The owner of real property, being in possession of all or a part thereof, and having voluntarily conveyed title to the same to a purchaser for value, remains in possession without permission of the purchaser.
A vendee under a contract of sale, the performance of which is to be completed within ninety days after its execution, being in possession of all or a part thereof, and having defaulted in the performance of the terms of the contract of sale, remains in possession without permission of the vendor. The person in possession has entered the property or remains in possession by force or unlawful means and he or his predecessor in interest was not in quiet possession for three years before the time of the forcible or unlawful entry or detainer and the petitioner was peaceably in actual possession at the time of the forcible or unlawful entry or in constructive possession at the time of the forcible or unlawful detainer; no notice to quit shall be required in order to maintain a proceeding under this subdivision.
The person in possession entered into possession as an incident to employment by petitioner, and the time agreed upon for such possession has expired or, if no such time was agreed upon, the employment has been terminated; no notice to quit shall be required in order to maintain the proceeding under this subdivision.
Sponsored Links. Replies: 1 Last Post:AM. Replies: 2 Last Post:PM.Go to Page Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. It has been 10 months now and they have asked her to leave and she has made no attempt to seek other housing. They had it out a couple of nights ago and my FIL said for her SIL to pack her stuff up he was taking her back to her husbands house.
My SIL called no physical threats were made so the police would come. The police told my MIL that the SIL was considered a resident of the home since she receives mail there and they would have to give her a 30 day eviction notice and file an eviction with the courts.
My MIL never expected it to turn into 10 months. Does she really have to file an eviction notice and wait 30 long days to get her out?
The residence is in Texas. Status: "The 2nd most Interesting Man" set 27 days ago. I would think it is a gray area since she is a family member but I would think she is no more than an invited guest.
Can your MIL not just change the locks one day when she is at work or away from the home? Let the FIL drive her to the mall for several hours while the lock smith is there. I would then have her stuff sitting outside when they returned. The bad part is you say she is unstable. Is she predictable or crazy?
If she sets fire to the house one night they could all be in trouble. You may need advice from an attorney Also, can they afford to rent her a place for months just to get her a place to go?
The Law requires that you must go to court to evict her and it is much more slower and expensive process since you do not have a lease. She could drag this out much longer than 30 days but most deadbeats who are unfamiliar with the process move out once they are required to appear in court. But if you remove all of her belongings and change the locks The police would require her to present evidence that she lives there.
A lease? Her property still in the dwelling? Her key works the locks?
But you are getting into an area where you are likely to start lying to the police. So you are in a bind. It's a cliche Last edited by padcrasher; at PM.
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